Tennessee

This panel will address issues related to corporate governance in distressed situations. The discussion will include the interplay between corporate governance and sponsor action, considerations regarding independent directors, and the ongoing debate on the role of employee compensation plans in bankruptcy.

This panel will discuss mediation as a pathway to case-resolution; mediation advantages and pitfalls; mediation privilege and disclosure; who should be invited to a mediation; and whether a sitting judge, former judge or trained mediator is the best person to lead a mediation. They will also share lessons learned from previous mediations in large cases.

Last year, two very different cases achieved substantial returns to equityholders: Hertz and Garrett Motion. This panel will review how Hertz and Garrett Motion were able to achieve this result, including the circumstances that brought these companies to chapter 11 and the value-maximization strategies employed, the auction processes in each case, and how future tort claims were valued. The panel will also hold a broader discussion regarding the financial advisor’s role in the chapter 11 process from inception to exit.

This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.

Despite the headwinds created by the global pandemic, economic activity has been in full swing. Economic growth during the pandemic generally surpassed expectations, with favorable lending conditions and consumers and businesses maintaining a surprising level of activity. The enormous legislative response to the pandemic was responsible for the strength of the economy, but labor shortages, supply disruption and inflation have become real concerns. The Russian invasion into Ukraine in February has only exacerbated these risks.